Premier Park PCN re exceeding "reduced maximum stay" period

Hi. I am hoping someone can offer some advice, as I can't find any posts for similar situations! I received a PCN from Premier Park for exceeding "maximum stay period" at the Capital Shopping Park, Cardiff. The usual stay period there is 3 hours and according to the PCN my car was there for 2 hours 35 mins ... but it was a "match day" (the football stadium is next door) and apparently on match days the maximum stay is reduced to 90 minutes. I was not aware of this, although having since checked it is in the small print on parking signs. I appealed the PCN using the template on here, and also tried arguing that there were no signs up to advise that match day rules were in force on that day, but my appeal has been rejected. I am now trying to work out if I have grounds to go to a POPLA appeal.

This is what they have said in their rejection:

"The maximum stay period within this car park is reduced from 3 hours to 90 minutes on days where matches are played at Cardiff City Football Club stadium, this reduced maximum stay period comes into effect 1 hour prior to kick-off and remains in place for the duration of the match. On the date of the contravention, 18th October 2019, kick-off was 19:45, your vehicle entered the car park at 18:44 and remained on site until 21:19, therefore, the reduced maximum stay period came into effect whilst your vehicle remained parked on site. We note your comments, however, we would advise that the signage on site clearly sets out the terms and conditions of parking, including the reduced maximum stay periods, there are no exceptions to these terms. It is the responsibility of the driver of the vehicle, to ensure they have read and understood the signage and that they can adhere to the terms and conditions advertised before remaining on site. Therefore, due to the above reasons, we can confirm that this PCN has been issued correctly."

The bit I am tempted to argue is that the reduced stay period came into effect at 18:45, but - as they state - my car was already in the car park at that time (only a minute before, but still ....). Surely the reduced stay coming into effect an hour before kick off should mean that only cars entering the car park after that time are affected?! If my car had parked in the car park at 16:00 and left at 18:55 would I still be in breach?? Presumably the point of the reduced stay is to stop people going to the match from parking there (I wasn't going to the match), not anyone else who uses the carpark that day?

I am also still not satisfied with there being no notices up advising that the date in question was a match day. I didn't realise there was a match on until after I had parked and went into a coffee shop and it was full of football shirts!

Thank you for your help.
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Replies

  • UmkomaasUmkomaas Forumite
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    Get your own photos of the signs with sufficiently good focus so as to be able to read all the small print. You will need them to argue about unclear terms in your POPLA appeal.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
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  • OnthewallOnthewall Forumite
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    Yes, the OP need to make people aware that it is a match day and different terms apply. Make sure you say that you have no interest in football and you had no idea it was a match day...
  • Johno100Johno100 Forumite
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    It would interesting to see how prominent the 3 hour limit is on the signs and whether there is any * sign or similar next to the 3 hour text referring to this match day term and condition.
  • BookgirlBookgirl Forumite
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    I do have a pic @Johno100, but I can't find a way to attach it. The 3 hour bit is by far the most prominent ... large, bold, dark text. Right below it, though, is the line saying "Except on match days" ... about half the size and in a paler red type, which especially in the dark wasn't as noticeable.
  • UmkomaasUmkomaas Forumite
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    Bookgirl wrote: »
    I do have a pic @Johno100, but I can't find a way to attach it.

    NEWBIES - HOW TO UPLOAD LINKS TO PHOTOS/SCANS TO MSE

    To upload a photo/scan link, you first need to host it on a free photo hosting site (like Dropbox or Imgur), copy the URL, paste it here, but change the http to hxxp and we'll do the conversion. Newbies can't directly upload links to photos/scans until they've a few posts under their belt.

    Please do not use TinyPic or PhotoBucket as they drop all sorts of gratuitous and unsolicited dross on computer screens when their links are opened.

    Or, read this advisory post:

    https://forums.moneysavingexpert.com/showpost.php?p=72903720&postcount=7115
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • OnthewallOnthewall Forumite
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    The three hour notice isn’t that relevant, what’s more relevant is the PO hasn’t told you that it was a match day, if they don’t tell you, you won’t know. It’s very simple, even for some of the so called “experts” on here..
  • BookgirlBookgirl Forumite
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    hxxp://imgur.com/gallery/Y8FyS2c
  • BookgirlBookgirl Forumite
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    Above is the link to some pics I have taken of the parking signs. They don't contain any definition of what is meant by "match day" or information on what dates are match days.
  • UmkomaasUmkomaas Forumite
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    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • Coupon-madCoupon-mad
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    Onthewall wrote: »
    Yes, the OP need to make people aware that it is a match day and different terms apply. Make sure you say that you have no interest in football and you had no idea it was a match day...
    People with no interest in football haven't lived.
    It’s very simple, even for some of the so called “experts” on here..
    Noted that you are rude. A very odd post for a ''newbie'' on here...
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